Collier County Personal Representative Deed (Intestate) Form | Florida (2024)

FAQs

How long does intestate probate take in Florida? ›

However, the following is the average time of the probate process in Florida: Up to three months for simple estates. Up to one year for standard formal administrations. Two or more years for complex and litigated estates.

Disposition Of Personal Property Without Administration

Florida Statute 735.301 allows for an informal application to the court for transfer of assets when the decedent has only left personal property (No real estate can be transferred through this process).

The personal representative can be an individual or a bank or trust company, subject to certain restrictions. To qualify to serve as a personal representative, an individual must be either a Florida resident or, regardless of residence, a spouse, sibling, parent, child, or other close relative of the decedent.

Probate proceedings are filed with the clerk of the circuit court, usually in the county in which the decedent lived at the time of his or her death. A filing fee is required and should be paid to the clerk.

In a formal estate administration, it typically takes around 4-6 weeks to have the personal representative appointed. The estate generally remains open for around 1 year, however this will vary depending on what the personal representative needs to accomplish during the estate administration.

In the state of Florida, if someone dies without a will, their estate will pass by "intestate succession." This means the state will decide how to distribute the person's assets. The individual's spouse will typically be appointed as the personal representative, followed by any children of the deceased.

732.101 Intestate estate.— (1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent's heirs as prescribed in the following sections of this code. (2) The decedent's death is the event that vests the heirs' right to the decedent's intestate property. History. —s.

For formal administration, Florida law typically requires you to hire a probate attorney. However, you generally don't need to hire a probate attorney if the estate is very small or if you plan to file for an alternative version of probate, like summary administration or disposition without administration.

Neither are individuals who are mentally or physically unable to handle the work. Beyond that, though, almost anyone can qualify. Florida personal representatives are chosen based on a statutory order of preference, depending on whether the estate is intestate (no will) or testate (will).

What is the fee for a personal representative in Florida? ›

If the estate value is $1 million or less, your fee is 3% of the estate assets. If the estate value is between $1 million and $5 million, your fee is 2.5% of the estate assets.

Some states use the term Personal Representative, and some states use the term Executor. In the end, both roles involve the responsible handling of the deceased's assets, debts, and final wishes, ensuring that the distribution process follows legal protocols and the desires of the departed individual.

Named Beneficiary: Bank accounts with named beneficiaries can skip the probate process. If the account owner designated a beneficiary when opening the account, the assets will be directly transferred to the named beneficiary upon the owner's passing, bypassing probate.

What is a florida lady bird deed? With the Florida lady bird deed, you give yourself a life estate interest in your property. A life estate is a right to live in the property until your death. When you pass away, the real property passes to your beneficiaries designated in the lady bird deed, called the remaindermen.

An estate that contains assets not designed to avoid probate, may still be settled outside of the probate court administration despite there being a Last Will & Testament. Usually, a probate case may not be necessary if final expenses (such as funeral costs, certain medical expenses, etc.)

Failing to file probate means the estate remains responsible for the deceased person's debts. Creditors can file claims against the decedent's estate, creating a situation where the estate's assets are vulnerable to satisfy outstanding debts.

Due to this requirement, formal probates at a minimum will remain open for approximately 4 months, but on average most probates will stay open anywhere from 7-9 months. Probate assets should never be distributed before the creditor period has expired and all creditor claims have been dealt with appropriately.

The custodian of a will must file the will with the clerk of the court within 10 days after the person's death. The custodian must also provide the decedent's date of death or Social Security number to the clerk. The failure to file a will within 10 days of death is a violation of Florida law.